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TERMS AND CONDITIONS OF USE OF
www.newviva.bg
www.newviva.bg is an online store offering products for children, as well as products for the home and garden. The website www.newviva.bg offers a variety of goods and product combinations, some of which are delivered to order for consumer buyers. The owner and administrator of the website www.newviva.bg is Newviva Ltd, UIC 201884970, represented by Georgi Nikolov, with registered office and address of management: Sofia, Mladost 4 residential area, Prof. Aleksandar Tanev St., bl. 460A, entr. 2. Some of the content offered on the site is subject to copyright and constitutes intellectual property – product descriptions, the website logo and its design. Please note that these Terms and Conditions also apply to sales contracts concluded on social networks between consumers as buyers and Newviva Ltd as seller, including orders accepted through the www.newviva.bg pages on Facebook.
I. SUBJECT
Art. 1. These terms and conditions apply to customers and users who access the website www.newviva.bg, as well as the Facebook page of www.newviva.bg, created and managed by Newviva Ltd. Please read these Terms and Conditions carefully before accessing the Site.
Art. 2. Please note that you agree to comply with all provisions of these Terms and Conditions when you use www.newviva.bg or our Facebook page. Unfortunately, if you do not agree to the Terms and Conditions, you should not use the Site.
II. SELLER DETAILS
Art. 3. Newviva Ltd administers the website www.newviva.bg
Art. 4. You can contact Newviva Ltd as follows:
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Contact telephone: +359 895 795 241
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E-mail address: office@newviva.bg
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Registered office and address of management: Sofia, Mladost 4 residential area, Prof. Aleksandar Tanev St., bl. 460A, entr. 2
III. DEFINITIONS
Art. 5. Customer/User – any natural or legal person or other legal entity that uses the website www.newviva.bg or our Facebook page in any way, including by browsing them. The Trader / Seller is Newviva Ltd.
Art. 6. Account – a section of www.newviva.bg, formed by an email address and password, which allows the Customer to use the services of the Site where an account is required.
Art. 7. Site means the website located at the following web address: www.newviva.bg, as well as our Facebook page. By the link www.newviva.bg used in these Terms and Conditions, users should understand that the Terms are also binding where we have received an order through other sales channels, namely by telephone or social networks.
IV. GENERAL PROVISIONS
Art. 8. The Terms and Conditions of Newviva Ltd are binding on all users and customers of www.newviva.bg or customers from the company's Facebook page.
(1) Any use of www.newviva.bg or our Facebook page means that you have carefully read the Terms and Conditions of use and have agreed to comply with them unconditionally.
(2) The Terms and Conditions may be changed unilaterally by Newviva Ltd at any time by updating them. These changes take effect immediately and are binding on all customers and users of the Site.
(3) Newviva Ltd has the right to change the terms of use at any time at its own discretion or if required by legislation that has entered into force.
(4) Whenever the Terms and Conditions are changed, Newviva Ltd will inform its customers and users by publishing the changes on the Site. Accordingly, as users you are obliged to check for any changes to the terms and conditions of www.newviva.bg each time you use it.
(5) If any provision of these Terms and Conditions of use of www.newviva.bg proves invalid or inapplicable for whatever reason, this does not entail the invalidity or inapplicability of the remaining provisions.
Art. 9. www.newviva.bg makes serious efforts to maintain the accuracy of the information presented on the Site. However, given possible technical errors or omissions in this information, www.newviva.bg clarifies that product images are illustrative and indicative, and the products delivered may differ from the images.
Art. 10. The characteristics or prices of the products described on www.newviva.bg may be changed at any time. For technical reasons they may contain errors, for which www.newviva.bg apologises to its users in advance.
Art. 11. All goods, including those on promotion / sale, are sold and delivered while stocks last, even if this is not expressly stated on www.newviva.bg
Art. 12. www.newviva.bg may contain links to other sites. The website www.newviva.bg is not responsible for the privacy policies of websites it does not administer, nor for other information contained therein.
V. CONCLUSION OF CONTRACT
Art. 13. The user expresses their wish to order/purchase goods through www.newviva.bg by placing an order electronically.
(1) To do this, select the products/services you want from the website and their quantity, and click "Add to cart";
(2) www.newviva.bg will send the user a notification that the Order has been registered in its system, which does not constitute acceptance, confirmation or a commitment to fulfil it. Newviva Ltd sends this notification electronically (email) or by telephone.
(3) The Seller has the right not to deliver some or all of the goods or not to perform some or all of the services in the order for various objective reasons, including but not limited to stock running out. In all cases www.newviva.bg notifies the Customer of this by email or telephone. In this case the Seller's sole liability is to refund any price paid in advance for the goods or service.
(4) You do not need to register to place an Order on the site.
(5) By placing an order through the website you warrant that you are legally capable of entering into binding contracts and that you are of legal age.
(6) The distance sales contract between the Seller and the Customer is deemed concluded when the Customer receives, by email and/or SMS to their telephone, a notification that the Goods in the Order are ready for dispatch or that the Service can be provided.
(7) The sales contract concluded between the Customer and the Seller consists of these Terms and Conditions and any additional agreements between the Seller and the Buyer.
(8) The subject of the sales contract is a product offered on the website www.newviva.bg, the listing of each product expressly stating: product type, material, main characteristics such as size, approximate weight, etc., and delivery price. Every product available on the website has a statutory guarantee of conformity of the goods for a period of 2 (two) years.
VI. ONLINE SALES POLICY
Art. 14 Every customer is allowed access to www.newviva.bg to place an order.
(1) www.newviva.bg reserves the right, at its discretion, to restrict any customer's access to placing an Order and/or to any of the available payment methods if it considers that this would be detrimental to www.newviva.bg in any way. In this case the Customer's only right is to contact the "Contacts" department of www.newviva.bg to be informed of the reasons that led to the application of the above measures. www.newviva.bg is not liable for any damage the customer has suffered or may suffer as a result of this decision, regardless of whether it was correct or justified.
Art. 15 The Customer has the right to publish opinions about goods and/or services and to contact www.newviva.bg at the addresses given in the "Contacts" section. Opinions or messages containing obscene words or inappropriate language will be removed by www.newviva.bg or ignored.
Art. 16 Communication with the Seller can take place by contacting it directly or at the addresses given on the Site in the "Contact" section.
Art. 17 www.newviva.bg may publish advertising or promotional information about goods and/or services and/or promotions it offers on the Site for a certain period of time.
Art. 18 All prices of goods and/or services on www.newviva.bg are final, stated in euro (EUR), including VAT and all other taxes or fees required by law.
Art. 19 In the case of online or bank payments, the Seller bears no responsibility for any costs related to fees, commissions or other additional payments made by the buyer or their bank in connection with the transaction itself, nor for currency exchange applied by the bank that issued the customer's card where the currency differs from the store currency.
Art. 20 The types of cards accepted for payment are Visa or Mastercard debit, credit and business cards.
Debit/credit card transactions are carried out using the MasterCard Identity Check and VISA Secure security programmes through the e-commerce platform of DSK Bank. For security reasons, the maximum card payment amount is 10,000 leva.
We do not store data of bank cards used for payment through the site!
The costs associated with such payments are borne solely by the buyer. Therefore www.newviva.bg recommends that its customers check with their bank for any additional fees that may be charged for online or bank payments for products sold by www.newviva.bg
Art. 21 All images placed on the platform are intended solely to give a general idea of the type of goods/services offered, not to represent them exactly. Accordingly, some images of goods or services on the platform (static/dynamic images/multimedia presentations, etc.) may not match the appearance of the respective goods or may give a wrong impression of the service offered. The Seller will not be liable for such discrepancies.
VII. ORDER. RIGHT OF WITHDRAWAL.
Art. 22 The customer/user undertakes and is responsible for ensuring that all data provided to www.newviva.bg in connection with the order are true, complete and accurate as of the date the order is sent.
Art. 23 By sending the order, the customer/user authorises Newviva Ltd to contact them in any possible way when necessary in connection with the order placed and the Contract concluded.
Art. 24 The Seller has the right to refuse to fulfil (to cancel) the order placed by the customer/user, of which it must notify the customer/user.
Art. 25 Cancellation of the order by the seller and/or the buyer does not give rise to any liability or subsequent obligation of either party towards the other in connection with it, and accordingly neither party is entitled to claim compensation from the other for its cancellation in the following cases:
• the customer's/user's issuing bank does not accept the transaction in an online payment;
• a payment transaction is made that does not result in funds being credited to the seller's account in online payments;
• the data provided by the customer/user on the Platform are incomplete and/or incorrect. In this case the seller is entitled to claim from the buyer the courier costs incurred for sending the order that could not be delivered;
Art. 26 (1) The customer-consumer has the right to withdraw from the contract without giving any reason and without owing compensation or a penalty, within 14 (fourteen) days from the day on which they or a third party indicated by them, other than the carrier, receives the goods. For an order of several goods delivered separately, the period runs from receipt of the last item. The exceptions are set out in section IX.
(2) The customer may withdraw in one of the following ways:
- using the "Withdraw from the contract here" function on the site (link at the bottom of every page, in "My account" and in the order dispatch email). The customer enters the order number and the email they ordered with (a registered customer selects the order from their account), ticks the goods and clicks "I confirm the withdrawal";
- with a completed standard withdrawal form (Annex No. 6 to the Consumer Protection Act, at the end of these Terms and Conditions) or another unequivocal statement sent to office@newviva.bg or to the address: Sofia, 16 Aleksandar Malinov Blvd., floor 3, office 2.
(3) In the case of withdrawal through the site function, Newviva Ltd immediately sends a confirmation by email with the text of the statement and the date and time of its receipt. In the case of withdrawal by email or letter, the confirmation is sent without delay.
(4) The deadline is met if the withdrawal statement is sent before it expires. Withdrawal is also possible before receipt of the goods.
(5) The customer returns the goods no later than 14 days after the withdrawal to: Newviva Ltd, Bozhurishte, Economic Zone, 3 Simeon Petrov St. (Metrika Warehouse Base), tel. +359 887 132 548. The cost of returning the goods is borne by the customer, who chooses the courier and the shipping method.
(6) The goods should preferably be returned in their original packaging and without signs of use. The invoice and receipt are not a condition for withdrawal. The customer is liable for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics and functioning. If the goods show visible signs of such use, Newviva Ltd may deduct from the refund the costs of cleaning or repair needed to restore them to a saleable condition.
Art. 27 (1) Newviva Ltd refunds all amounts paid, including standard delivery costs, no later than 14 days from the day on which it is informed of the withdrawal.
(2) The amount is refunded to the bank account (IBAN) provided by the customer. If the customer paid by card and has not provided an account – back to the card. For cash on delivery without an account provided, Newviva Ltd contacts the customer. For consumer credit, the amount is refunded according to the lender's terms. The customer does not pay any fees for the refund.
(3) If the customer has expressly chosen a delivery method other than the least expensive standard method, the difference is not refunded.
Art. 28 Newviva Ltd may withhold the refund until it receives the goods or until proof is provided that they have been sent, whichever occurs first.
VIII. INTELLECTUAL PROPERTY
Art. 29. All content on www.newviva.bg, namely the logo depicting the Newviva inscription together with its figures, captions and images, as well as product descriptions, is the property of Newviva Ltd or of third parties from whom Newviva Ltd has obtained consent for reproduction.
Art. 30 Newviva Ltd reserves all its intellectual property rights related in any way to the website www.newviva.bg and the products on it.
Art. 31 Certain products displayed on the website www.newviva.bg have their own specific and unique design, owned by Newviva Ltd or by third parties with whom Newviva Ltd has a contract. These designs are subject to copyright and intellectual property and are protected by Bulgarian law.
Art. 32 Users may use the content of the site solely for the purposes of purchase and sale. Use of the content for purposes other than those set out in the Terms and Conditions is considered a breach of these Terms and Conditions of www.newviva.bg and an infringement of the intellectual property owned by Newviva Ltd.
Art. 33 Every product displayed on www.newviva.bg complies with European and national requirements for the respective products, in particular their safety. Newviva Ltd keeps all available documentation certifying conformity. Some of the products on the site have been tested in an independent European laboratory to prove their compliance with European legislation on toys – standard EN 71.
Art. 34 (1) The Customer may copy, transfer and/or use the content only for personal, non-commercial purposes, only where this does not contradict the provisions of this chapter and with the express consent of Newviva Ltd.
(2) The online store www.newviva.bg allows owners of other websites and users to publish links to the online store www.newviva.bg.
(3) Copying texts from www.newviva.bg and placing them on other websites and online stores is prohibited without the written consent of Newviva Ltd or without citing the source with the following text: "Source: Online store for children's goods and products – www.newviva.bg", and the link must lead to the online store www.newviva.bg.
Art. 35. Newviva Ltd holds the copyright to the content of the website www.newviva.bg, including but not limited to product descriptions and advertising content published on behalf of Newviva Ltd or on behalf of the website www.newviva.bg.
IX. GOODS / SERVICES FOR WHICH THE CUSTOMER HAS NO RIGHT OF WITHDRAWAL
Art. 36 The customer has no right to withdraw from the concluded contract in the following cases:
• for the provision of services where the service has been fully provided and its performance began with the customer's express prior consent and acknowledgement that they will lose their right of withdrawal once the contract has been fully performed by the seller;
• for the supply of goods or services whose price depends on fluctuations in the financial market that cannot be controlled by the seller and that may occur within the withdrawal period;
• for the supply of goods made to the customer's order or according to their individual requirements;
• for the supply of goods which, by their nature, may deteriorate or have a short shelf life;
• for the supply of sealed goods which have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection;
• for the supply of goods which, after delivery and by their nature, have become inseparably mixed with other goods;
• for the supply of sealed audio or video recordings or sealed computer software which have been unsealed after delivery;
• for the supply of digital content not supplied on a tangible medium, where performance has begun with the express consent of the customer, who has acknowledged that they thereby lose their right of withdrawal.
Art. 37 The customer has no right to refuse goods under a concluded Contract where the ordered goods are not mass-produced, are not kept in stock, but are made individually and especially for them.
Art. 38 Acceptance and fulfilment of the order begins with the Customer's prior consent that they will lose their right of withdrawal if the contract has already been started or performed. The contract is considered started upon receipt of a deposit of no less than 50% of the total amount of the Order. If the order is cancelled, the Customer automatically forfeits the full amount of the deposit. This provision does not apply only where the parties have agreed otherwise.
X. ADVERTISING
Art. 39 When the customer/user creates an account on the platform and/or places an order, they can give their consent to receive advertising messages. This consent can also be given without user registration. In both cases the User must expressly give consent to receive advertising messages.
Art. 40 The customer/user can opt out of receiving advertising messages at any time using the special link in each advertising message, by changing their account settings or by contacting Newviva Ltd in any other way, including but not limited to by email, by telephone at +359 2 426 54 32, by post at the correspondence address above or by email: office@newviva.bg.
Art. 41 Opting out of advertising messages does not mean automatic withdrawal of the consent given to conclude a distance sales contract.
XI. INVOICING – PAYMENT
Art. 42 The prices of goods and services stated on www.newviva.bg are final and include VAT and all other taxes and fees provided for in current Bulgarian legislation. The price of the stated delivery may change depending on the chosen service, courier and the nature of the order. The change may lead to additional costs, which are borne by the consumer buyer.
Art. 43 The payment methods on the site are:
1) Cash on delivery
2) Online payment by credit/debit card
3) Consumer credit
The price, payment method and payment deadline when invoices are issued are stated in each order. Orders for products offered by www.newviva.bg worth more than €2,500 cannot be paid on delivery and must be paid in advance by bank transfer or by bank card.
Art. 44 The Customer/User is obliged to provide all information necessary for issuing the invoice in accordance with current Bulgarian legislation, if one is required.
Art. 45 The Seller will issue the customer an invoice for the goods ordered and delivered / services provided, based on the information provided by the customer/user. Where the latter has not indicated that they want an invoice, Newviva Ltd provides a fiscal receipt for the sale made and the cash payment received, or assigns this to a courier service providing the "Postal money order" service.
Art. 46 In order to issue the invoice for the respective order correctly, the customer is obliged to keep the data in their account/order up to date. They must review the information stated in the relevant Order to make sure it is complete, true and accurate.
Art. 47 The website contains a large number of goods and, despite our best efforts, some of the characteristics of goods listed on the website may be incorrect. If we find an error in the price of goods you have ordered, we will inform you as soon as possible. We will give you the opportunity to confirm your order at the correct price or to cancel it.
Art. 48 Some offers are subject to a maximum quantity that can be purchased by one customer. Where applicable, this is described in detail in the individual offer.
XII. DELIVERY OF GOODS
Art. 49 (1) The Seller undertakes to deliver the goods ordered and purchased itself or through a courier company to an address specified by the buyer or to a courier company office, according to the customer's choice. For door-to-door delivery, the customer must indicate the floor to which the products are to be delivered in the address field of the electronic form on www.newviva.bg provided for this purpose. Otherwise, delivery will be made to the building specified as the delivery address. The costs of delivering the order are borne by the customer and, in some cases for orders over a certain value, by the trader. In both cases this is expressly stated when the order is placed through the website.
Art. 50 The Seller will ensure appropriate packaging of the goods and dispatch of the accompanying documents.
Art. 51 www.newviva.bg will deliver the goods and provide the services. If more than one address is saved in the customer's account, the delivery will be sent to the one marked as primary. For deliveries to other countries in the European Union or to third countries, www.newviva.bg offers its goods and services on other suitable platforms through listings described in the appropriate language. If a user wishes a specific item from the website www.newviva.bg to be delivered to an address outside Bulgaria, they should contact Newviva Ltd and express this wish.
Art. 52 (1) The delivery price, where applicable, will be visible once the desired product(s) are placed in the cart. The description of some products also shows the courier fee. Delivery prices are fixed for the customer according to the conditions described in the DELIVERY section.
(2) Parcels weighing up to 20 kg are delivered to the recipient's door, provided there is normal vehicle access to the address. Parcels weighing over 20 kg are delivered to the ground floor/entrance of the building at the given address. The recipient's assistance with unloading/receiving these parcels is appreciated. If delivery is made by a courier company, the conditions depend on the terms and conditions of that company.
Art. 53. When the goods are handed over, the Buyer/User or a third party signs the accompanying documents. A third party is anyone who is not the holder of the order but accepts delivery of the goods and is at the address specified by the customer.
Art. 54 If the goods are refused on delivery, other than in the cases described below, the refusal is considered unjustified and the Customer must pay the costs of delivering and returning the goods.
Art. 55 If the Customer is not found at the specified address within the delivery period, or access and conditions for handing over the goods are not provided within this period, www.newviva.bg is released from its obligation to deliver the goods ordered. The Customer may confirm their wish to receive the goods after the delivery period in which they were not found at the address has expired, bearing all costs of the subsequent delivery. In this case a new delivery period begins from the moment of confirmation.
Art. 56 Newviva Ltd is not liable for damage to the goods during transport if they were not specifically insured by the Customer when requesting delivery.
XIII. WARRANTY. RIGHT TO COMPLAIN
Art. 57 (1) The Seller offers all goods on www.newviva.bg with a 2-year statutory guarantee of conformity of the goods with the contract in accordance with current legislation under Art. 112 et seq. of the Consumer Protection Act. Some products may have a warranty of more than 2 years, depending on the terms agreed with the manufacturer. In the event of non-conformity, the consumer has the right to file a complaint for any non-conformity of the consumer goods with the contract that appears after delivery and is discovered during the initial inspection or during storage, installation, testing or operation of the product. Exceptions are some categories of goods which, due to their nature, cannot have a warranty.
(2) In the event of non-conformity of the consumer goods with the sales contract, the buyer has the right to file a written complaint, asking Newviva Ltd to bring the goods into conformity with the sales contract within 1 month; the consumer may choose between repair of the goods or replacement with new ones, unless this is impossible or the chosen remedy is disproportionate compared with the other. To file a complaint, the consumer should complete the Complaint Form available on the website and below in these Terms and Conditions, and send the complaint to the correspondence address of Newviva Ltd or to the email address given. When filing a complaint, the consumer states the subject of the complaint, their preferred method of settlement or the amount claimed, and their address, telephone and email for contact. When filing a complaint, the consumer must also attach the documents related to the order and those on which the claim is based, namely:
• receipt or invoice;
• reports, photos, statements or other documents establishing the non-conformity of the goods or service with what was agreed – if available;
• other documents establishing the grounds and amount of the claim.
(3) The warranty period begins from the time the consumer goods are delivered. It stops running during the time needed to repair or replace the consumer goods or to reach an agreement between the seller and the consumer to resolve the dispute.
(4) Any non-conformity of the consumer goods with the sales contract that becomes apparent within 6 (six) months of delivery is presumed to have existed at the time of delivery, unless it is proven that the lack of conformity is due to the nature of the goods, their use by the consumer or the nature of the non-conformity.
(5) The consumer cannot dispute the conformity of the consumer goods with the sales contract if, when the contract was concluded, they knew or could not have been unaware of the non-conformity;
(6) A remedy for the consumer is considered disproportionate if its use imposes costs on the seller that are unreasonable compared with the other remedy, taking into account:
1. The value of the consumer goods if there were no non-conformity;
2. The significance of the non-conformity;
3. The possibility of offering the consumer another remedy without
(7) If, after 1 month from filing the complaint, the consumer is not satisfied with its resolution, they have the right to terminate the contract and be refunded the amount paid or to request a price reduction. The consumer does not have this right if Newviva Ltd has agreed to replace the product with a new one or to repair the goods within 1 month of the complaint being filed, or where the non-conformity is minor.
(8) Bringing the consumer goods into conformity with the sales contract is free of charge for the consumer. They do not owe costs for shipping
the consumer goods or for materials and labour related to their repair, and must not suffer significant inconvenience. The consumer may also claim compensation for damage suffered as a result of the non-conformity.
(9) Newviva Ltd must satisfy a request to terminate the contract and refund the amount paid by the consumer where, after satisfying three complaints of the consumer by repairing the same goods within the warranty period (2 years), a further non-conformity of the goods with the sales contract occurs.
(10) The consumer has the right to file a complaint about the goods regardless of whether the manufacturer or trader has provided a commercial warranty for the goods or service.
(11) Where the complaint is satisfied by replacing the goods with others that conform to the contract, Newviva Ltd will keep the consumer's original warranty conditions.
(12) Filing a complaint does not prevent bringing a legal action.
Art. 58 If Newviva Ltd has provided a commercial warranty for the goods and the warranty period is longer than the periods for filing a complaint described in the preceding paragraphs, the complaint may be filed until the commercial warranty expires.
Art. 59 The Seller will use the data provided by the buyer, or entered in their account, when completing and issuing the warranty certificate, where Newviva Ltd has stated on its page that it provides an additional commercial warranty beyond the statutory warranty referred to in the preceding provisions.
Art. 60 Repair of products outside the warranty period, or within this period but where the seller's obligation to bring the goods into conformity with the sales contract has ceased on any grounds, is payable by the buyer and is carried out within a period agreed between the parties
Service, spare parts and warranty. For complaints, repairs or spare parts, write to rma@newviva.bg with photos, a short description of the problem and proof of purchase. After the 2-year statutory warranty expires, we will refer you to the manufacturer's service centre.
XIV. TRANSFER OF OWNERSHIP
Art. 61 Ownership of the goods will be transferred by the seller upon their handover to the buyer, after payment has been made. Handover of the goods will be certified by the buyer's signature on the transport document provided by the courier.
XV. PUBLISHING COMMENTS. QUESTIONS AND ANSWERS
Art. 62 Comments, questions and answers can be written by the customer in the comments section. What is written may be either positive or negative
and must relate to the characteristics and use of a given product or service. In certain cases the option to comment is not provided.
Art. 63 Every customer, when publishing a comment/question/answer in these sections, undertakes to observe the following rules:
• to refer only to the characteristics and/or use of a particular product or service, avoiding information about aspects that may change (e.g. price or promotional offers);
• to use only the Bulgarian language and write in Cyrillic. Words or expressions that, although not Bulgarian, are widely used by all media in the relevant field (e.g. mouse, notebook, plug and play) are allowed;
• to use appropriate language that contains no offensive expressions or expressions that may infringe the rights of a third party;
• to make sure that the information entered is realistic, correct, not misleading and in accordance with current law, respecting the rights of others – e.g. copyright, intellectual property rights, licence rights or other property rights, advertising rights or the right to privacy.
• to use this service only to communicate or obtain additional details about a particular product or service on the site, without referring to other companies promoting the sale and purchase of goods and/or services;
• not to provide or request, in any way or form, personal data (contact details, delivery or residential address, telephone numbers, email addresses, first and/or last names, etc.) or other information that may lead to the disclosure of such personal data;
• not to publish information and/or details about URLs (links) of other sites that carry out the same or similar commercial activity as Newviva Ltd
• not to post comments/questions/answers that contain advertising material;
Art. 64 When a customer reports that a comment/question or answer has inappropriate content, this content is carefully reviewed by Newviva Ltd to determine whether it violates the terms of use of www.newviva.bg. Published texts, photos or videos are removed from www.newviva.bg only after review by Newviva Ltd.
Art. 65 If Newviva Ltd finds repeated violations of these terms of use, it reserves the right to restrict the customer's ability to publish comments/questions and answers, without being obliged to give reasons.
Art. 66 For complaints and grievances related to the goods and/or services purchased, buyers have at their disposal the form for exercising the right to complain. Every buyer can also file a complaint by completing the standard form for facilitating the exercise of the right of withdrawal under the Consumer Protection Act and sending it by email. You can copy the form at the end of the TERMS AND CONDITIONS. It is also available on the website.
XVI. LIABILITY
Art. 67 The Seller is not liable for any damage suffered by the buyer as a result of force majeure or circumstances beyond the seller's control.
XVII. PROCESSING OF PERSONAL DATA
Art. 68 Under the General Data Protection Regulation and Bulgarian legislation, Newviva Ltd is the Controller of personal data. The person administering the site is the company's manager – Georgi Nikolov.
(1) Newviva Ltd is obliged to process personal data under conditions guaranteeing their safekeeping and preventing their accidental loss, and only for the stated purposes.
(2) The purpose of collecting the data is: notifying customers of the information in their accounts, notifying buyers of the status of their orders, evaluating the goods and services offered, other commercial activities, advertising goods and services, marketing, advertising, media, administrative and research purposes, market research, and monitoring sales and customer behaviour.
(3) Processing personal data for some of the above purposes requires the explicit consent of the data subject or a contract between the parties.
(4) Every buyer has the right at any time to request an update of their personal data and information about the use of their personal data, to withdraw the consent given, and to request erasure or restriction of their personal data, as well as to object to automated processing, including profiling.
(5) To exercise this right, the buyer should get in touch in any of the ways specified in item 2.3.
(6) The buyer agrees and authorises www.newviva.bg to provide their personal data to other companies with which it has partnership relations, but only if the latter have undertaken to store and process them in accordance with the law and where such provision is necessary for performing the contract concluded between the consumer buyer and the trader seller.
(7) Newviva Ltd has adopted a Personal Data Security Policy, which describes in detail the processes of processing personal data in accordance with the General Data Protection Regulation (Regulation (EU) 2016/679) – GDPR and the Personal Data Protection Act. The Policy is available on the website www.newviva.bg.
Art. 69 The buyer's personal data may be provided to the prosecutor's office, the police, judicial institutions or other state authorities, on the basis of and within the limits of the law and following an explicit request from them.
XVIII. APPLICABLE LAW – JURISDICTION
Art. 70 Disputes arising between Newviva Ltd and Customers and/or Users will be resolved by mutual agreement or, if this is impossible, in accordance with Bulgarian legislation, unless the parties have agreed otherwise.
Art. 71 Consumers can use the European Online Dispute Resolution (ODR) platform, available at http://ec.europa.eu/odr – a single point of access that allows consumers and traders in the EU to settle disputes between them.
XIX. REGULATORY AUTHORITIES
Art. 72 The authorities regulating the activities of Newviva Ltd are the Consumer Protection Commission (CPC) and the Commission for Personal Data Protection (CPDP), and in certain cases the Regional Health Inspectorate (RHI), with the following contact details:
Consumer Protection Commission:
• Website: https://kzp.bg/kontakti
• tel: +359 700 111 22
• email: info@kzp.bg
• address: Sofia, 4A Slaveykov Sq., floors 3, 4 and 6
Commission for Personal Data Protection:
• Website: https://www.cpdp.bg/
• tel: +359 2 91 53 518
• email: kzld@cpdp.bg
• address: Sofia 1592, 2 "Prof. Tsvetan Lazarov" Blvd.
Information on the right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period expires 14 days after the day on which you, or a third party other than the carrier and indicated by you, acquire physical possession of the goods (for several goods delivered separately – of the last one).
To exercise this right, you must inform Newviva Ltd (Sofia, 16 Aleksandar Malinov Blvd., floor 3, office 2, tel. +359 2 426 54 32, office@newviva.bg) of your decision by an unequivocal statement. The easiest way is the "Withdraw from the contract here" function on the website – you will then immediately receive a confirmation by email. You may also use the attached form, but this is not obligatory.
To meet the withdrawal deadline, it is sufficient to send your communication before the withdrawal period has expired.
Effects of withdrawal
If you withdraw, we will reimburse all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive standard delivery), without undue delay and in any event not later than 14 days from the day on which we are informed of your withdrawal. The refund is made to the bank account you provide, and if you paid by card and do not provide an account – back to the card. You will not incur any fees as a result of the refund. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent them back, whichever is the earliest.
Send the goods back without undue delay and in any event not later than 14 days from the withdrawal to: Newviva Ltd, Bozhurishte, Economic Zone, 3 Simeon Petrov St. (Metrika Warehouse Base), tel. +359 887 132 548. You will bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish their nature, characteristics and functioning.
STANDARD FORM FOR EXERCISING THE RIGHT TO COMPLAIN
STANDARD WITHDRAWAL FORM